Ordinance 94-2953 ORDINANCE NO. 94-2953
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 25, ENTITLED "OFFENSES-MISCELLANEOUS" , AMENDING
SECTION 25-58, ENTITLED "MUNICIPAL PIER-DIVING FROM,
SWIMMING NEAR, ETC. , PROHIBITED; EXCEPTIONS" BY
CLARIFYING THAT THE SECTION IS APPLICABLE TO ALL
MUNICIPAL PIERS IN THE CITY OF MIAMI BEACH AND BY
PROHIBITING CERTAIN ACTIVITIES AT OR NEAR MUNICIPAL
BRIDGES AND AQUADUCTS; PROVIDING FOR A REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, diving from or swimming near a pier, bridge or
viaduct is a dangerous activity which may result in injury or
death; and
WHEREAS, Miami Beach City Code Section 25-58 which was adopted
in 1955 prohibits such activities at or near the municipal pier
which existed on that date; and
WHEREAS, the City now has additional piers and bridges and
viaducts and it is necessary to amend Section 25-58 to clarify that
it is applicable to all City-owned piers and to make it applicable
to bridges and viaducts .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . AMENDMENT OF SUBSECTION 25-58 .
That Subsection 25-58 of Miami Beach City Code Chapter 25,
entitled "Offenses-Miscellaneous" is hereby amended as follows :
Sec . 25-58 . Municipal piers, bridges, viaducts-Diving from,
swimming near, etc. , prohibited; cxccptions.
(1) For purposes of this Section, the following definitions shall
apply:
(a) "Bridge" shall mean a structure carrying a pathway or
roadway over a depression, obstacle, or body of water.
(b) "Municipal" shall mean owned by the City of Miami Beach.
(c) "Pier" shall mean a structure extending into navigable
water for use as a landing place for vessels or as a
promenade .
(d) "Viaduct" shall mean a bridge which is resting on a
series of narrow reinforced concrete or masonry arches,
having high supporting towers or piers .
(2) It shall be unlawful for any person to dive, leap or jump from
ae municipal pier, bridge or viaduct into surrounding waters, or
for any person to swim, wade, bathe or float, by any means
whatsoever, in such waters within one hundred feet of any point of
eke a municipal pier, except that portion of such watcr3 on the
land 3idc of thc municipal pier beginning at thc mean high watcr
mark and extending to a point two hundred feet seaward. Nothing
contained in this section, however, shall apply to lifeguards,
firemen or policemen employed by the city or other persons engaged
2
in or aiding in emergency rescue work or construction activities
approved by the City.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4 . EFFECTIVE DATE.
This Ordinance shall take effect on the 26th day of
November , 1994 .
PASSED and ADOPTED this 16th day of November , 1994 .
ATTEST:
MAYOR
K-T6,,,L.4
//
CITY CLERK
1st reading 11/2/94
2nd reading 11/16/94
SWS:scf:6.0disk7\munipier.ord
FORM APPROVED
LEGAL DEPT.
By J t-D
Date 61),45i , _/7-�y
3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. S7S 1 f
TO: Mayor Seymour Gelber and DATE: November 16, 1994
Members of the City Commission
FROM: Roger M.Carlt
City Manager
SUBJECT: SECOND READING AMENDING THE MIAMI BEACH CITY CODE CHAPTER
25, ENTITLED "OFFENSES-MISCELLANEOUS" TO CLARIFY
REGULATIONS RELATIVE TO DIVING AND/OR SWIMMING NEAR
MUNICIPAL PIERS
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Mayor and City Commission
adopt the ordinance upon the second reading.
BACKGROUND
The first reading of the proposed ordinance was on November 2 , 1994 .
This amendment involves Section 25-58, entitled "Municipal Pier-
Diving From, Swimming Near, Etc. , Prohibited; Exceptions. " The
current Ordinance is out of date. Review by the City Attorney
indicates that the Ordinance requires amendment to bring it current,
and to clarify the language so that it includes all municipal piers
in the City of Miami Beach and by prohibiting certain activities at
or near municipal bridges and aqueducts.
The Police Department is called upon to enforce this Ordinance on a
daily basis. Enforcement is difficult due to the vagueness of the
Ordinance as originally written. The Ordinance was also site
specific to a municipal pier located in Pier Park at the corner of
Ocean Drive and Biscayne Street, which no longer exists.
This amendment clarifies the language so that enforcement is
possible. The clarification includes the deletion of the reference
to the old pier that no longer exists, and adds provisions for all
piers, bridges and aqueducts. It also includes a provision for
future construction.
CONCLUSION
This amendment will provide clear language in the municipal code in
order to prohibit diving and/or swimming at, in, or near City
property to protect the public and enhance the capability of the
Police Department. 114
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